Judicial Determination Of Trademark Infringement On The Same Or Similar Goods Set

In the trademark infringement dispute,if someone else uses a logo similar to the plaintiff’s previously registered trademark on the same or similar goods,it can be regulated through Article 57 of the Trademark Law when it meets the trademark infringement judgment criteria.However,if the plaintiff makes a request for well-known recognition of its trademark in response to this situation,there is some dispute as to whether the court should conduct wellknown recognition of the plaintiff’s trademark.In the "AMGF and GDAM trademark rights dispute case",the parties mainly dispute whether there is a possibility of confusion in the defendant’s use of the sued logo during the trademark infringement judgment process and whether the plaintiff’s trademark should be recognized as well-known.On the issue of trademark infringement,China’s Trademark Law introduces the "possibility of confusion" as a judgment standard for ordinary trademark infringement,and should comprehensively judge from trademark similarity,commodity similarity,and other relevant aspects.In this case,the use of the sued trademark infringed the plaintiff’s exclusive right to use the registered trademark due to the possibility of confusion.Regarding the issue of whether the plaintiff’s trademark should be given well-known protection in trademark infringement judgment,according to Article 13 of the Trademark Law,although the conditions for well-known recognition are met,according to the principle of "identification on demand" for well-known trademarks,it is not necessary to identify the plaintiff’s trademark as well-known.The general protection method of registered trademarks can achieve the right relief for the plaintiff’s trademark.By comparing,analyzing,and expanding similar cases,aiming at trademark infringement issues arising from the same or similar goods,on the one hand,confusion theory and dilution theory should be applied separately to determine trademark infringement.In infringement judgment,confusion theory should be applied to the protection of ordinary registered trademarks and unregistered well-known trademarks,and dilution theory should be applied to the protection of registered well-known trademarks.On the other hand,under the principle of "identification on demand",trademark owners should be guaranteed adequate relief.When the trademark owner has multiple reference trademarks approved for use in different commodity categories,the court should determine whether and how to protect the reference trademark based on the actual use of the reference trademark,in order to ensure the fairness of the determination of well-known trademarks and effectively safeguard and balance the interests of all parties.